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Notes -
The New Yorker article says why they had to go with Lawrence & Garner
As to why 303 Creative didn't have any real gay clients demanding wedding websites:
Except, of course, for the part where they did not "have to" go with anyone. The case need never have been filed; society would have continued to function, and likely legislation would have eventually been updated one way or another. Rather, they wanted a case--hence, plaintiff shopping.
I mean, given my point, it's not puzzling at all, is it? It's how activists function, by either finding or outright creating cases crafted to reach the legal result they're after.
Well, they needed a plaintiff if they wanted the policy change. The absence of live controversies doesn't necessarily indicate a lack of impact. The chilling effect of the threat of prosecution (and its downstream effect on other policy debates) is what they were trying to lift.
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